He made reference to a recent study which revealed that notwithstanding the existing powers of the court, husbands tend to make a far stronger economic recovery from divorce than wives.

This evidence of financial inequality between the genders offers a compelling argument for the continuing importance of spousal maintenance.

“The trouble is that it is usually unrealistic to tell a wife, left on her own perhaps at age 60 after a long marriage, that, following payments for say three years, she must fend for herself”, Lord Justice Wilson argues.

He suggests that some well-meaning, would-be performers lack crucial experience of practice in the current system and warn that some of the rigid provisions included in the peers’ proposed reform bill would have had “grotesque consequences” had they been applied to a number of cases in which he had participated:

I suspect that they believe too readily what they read in the papers and that they regard the exceptional cases as the norm. This leads them to exaggerate the difficulties of our current system and to ignore the virtue of principles which have a sufficient degree of elasticity to enable a reasonable result to be fitted to each case.

However Lord Justice Wilson readily admits that he always recommended limits on sharing out non-matrimonial property where the settlement is not needs-based.

When I was a member of the Court of Appeal, I tried to go as far as I could – within the bounds of the doctrine of precedent – to limit the sharing principle to matrimonial property and to suggest that a transfer of non-matrimonial property should not take place except when it was dictated by what the transferee actually needed.

You may be eligible for a litigation loan

If your spouse controls the family finances, you may be worried about how to find the money for your legal fees during a divorce. But this need not prevent you from accessing the best legal advice to fight for what you deserve.

Whether you and your spouse built-up your fortune during your marriage, you married someone who already had money or you have had a child with someone with money, it is likely that you are entitled to very significant assets or income. But accessing this wealth now that you are separated may be difficult, restricting your ability to afford the very best legal representation for you and your family during your divorce.

What options are available to fund my case?

If your spouse is not prepared to pay your divorce fees, you may be eligible for a litigation loan. This specific type of lending allows you to secure any assets that you or your partner have, such as your former matrimonial home, against a loan that will cover your legal fees. This loan is then paid back at the end of the case.

A litigation loan is rigorous and transparent, and will grant you access to a top divorce lawyer who will ensure that you get your fair share. Vardags is experienced in securing litigation funding for its high net worth clients and has strong relationships with a select pool of the very best funders around. We also know when best to apply, and exercise careful judgement in determining when to pursue claims.

Vardags are ready to help

Vardags can advise in detail on the options available at your first consultation. We offer a free initial consultation, without obligation, to clients who have family assets greater than £1 million or income of greater than £150,000 per annum. Please call our confidential enquiry line on 020 7205 5792 to arrange your consultation — it’s never too early or too late to take expert legal advice.

01962 706005

+44 207 404 9390

Qualifying Individuals

Vardags specialise in cases involving high net worth individuals, their families and their companies. Free consultations are offered for clients with net assets in excess of £2million or involved in other high value disputes.

If you need a lawyer immediately because a person has been taken into custody or involved in an incident, Vardags can provide emergency legal cover at any time. We offer a swift response in person, anywhere in London or within the M25. Outside that area we may still be able to help. Call our confidential 24 hour enquiry line for immediate help.If you have been arrested or you are the subject of a dawn raid we strongly recommend you have a lawyer present in order to advise you on your options in dealing with police and other investigating bodies and to ensure your rights are protected.
Note that we normally charge £350 per hour including travel time and our fees in connection with emergency legal services will usually be a minimum of £2,000 + VAT.

*All enquiries are completely confidential. We do not handle Legal Aid cases. Our lawyers do not undertake criminal work on a no win, no fee basis.

Our confidential enquiry lines are staffed 24 hours a day, every day of the year.

Vardags Limited (trading as Vardags) is a company registered in England and Wales (Company No. 7199468), with its registered office at 10 Old Bailey, London, EC4M 7NG. Vardags is regulated and authorised by the Solicitors Regulation Authority. The term “director” is used to refer to a director of Vardags Limited or an employee or consultant of Vardags Limited with equivalent standing. A list of the names of the directors of Vardags Limited together with a list of those who are designated as directors is open to inspection at the above address. VAT number: 99 001 7230.